Legal Question in Real Estate Law in Michigan
Legal ownership of home
My step father does not have a will. My Mother has been married to him for over 20 years now. Her name is not listed as an owner on the property they live in. My step Dad will not make out a will. They have both lived together in the house for their entire marriage. My step Dad has two natural children from a previous marriage, ( not living in the home). Does this mean that my Mother may lose the house after his death or will she be the legal owner of the property automatically? PLease help. Thank you.
2 Answers from Attorneys
Re: Legal ownership of home
Hello. To avoid any problems, I recommend that
your step dad open a land trust, naming himself
as the main beneficiary and your mom as contingent beneficiary in the event that he predeceases her. By doing this, they will bypass the need to deal with the property in a will and thus eliminate any disputes with other family members so that your mom will get the house that she deserves after all these years with your step dad. This is a case that I would be interested in.
Re: Legal ownership of home
I suspect that your question really entails "what does Mom get" if step Dad dies. Since I am not a Michigan attorney, I can't comment on the status of "common law" "marriage" relationships in Michigan. However, the advise of the creation of a land trust if your step father does not wish to have a will is good advice, and a creative solution to the problem.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
